PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP &
2030 LAND USE MAP AMENDMENT PROCESS INFORMATION
Town of Apex, North Carolina
Last updated December 2014
REZONING PETITION SUBMISSION: Applications
are due by 4:30 pm on the first Monday of each
month, except as noted on the Review Schedule.
REZONING PETITION FEES:
Conditional Zoning: $900.00
Rezoning: $600.00*
2030 Land Use Map Amendment: $700.00
PRE-APPLICATION MEETING: Applicants are required to
meet with a Planner to discuss the rezoning proposal
prior to submitting an application for a rezoning,
conditional zoning, or 2030 LUM Amendment. Call the
main Planning number at 919-249-3426 for an
appointment
PURPOSE OF A CONDITIONAL ZONING:
Conditional Zoning (CZ) Districts are zoning districts in
which the development and use of property is subject to
the ordinance standards applicable to the corresponding general use district as well as additional rules,
regulations, and conditions that are imposed as part of the legislative decision creating the district. A
Conditional Zoning (CZ) District allows particular uses to be established only in accordance with site specific
standards and conditions pertaining to each individual development project. All site-specific standards and
conditions must be consistent with the objectives of these regulations, the adopted 2030 Land Use Map and
adopted area plans. The review process established in this part provides for the accommodation of such uses
by a reclassification of property into a CZ District, subject to site-specific standards and conditions.
Submittal Requirements
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One (1) original PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP. All items on this petition must
be addressed completely and correctly for the petition to be sufficient. Attach additional sheets if
necessary.
One (1) set of envelopes addressed to each of the property owners of the land subject to the application,
all property owners within 300 feet of the land/parcel subject to the application and any neighborhood
association that represents citizens in the area. Each set of envelopes are for the public hearing notifications
before the Planning Board and Town Council respectively. Each envelope must be affixed with a first class
stamp; metered postage will not be accepted. Affix the following return address:
Town of Apex
Planning Department
P.O. Box 250
Apex, NC 27502
A signed affidavit with a certified list of property owners subject to the rezoning application, property
owners within 300 feet of the property subject to the application and any neighborhood association that
represents citizens in the area. The addresses for property owners may be obtained from the current
Wake County Revenue Department, Wake County Justice Center, 301 S. McDowell Street, Raleigh, NC or
http://www.wakegov.com/tax/default.htm. The addresses for the HOA contacts can be obtained from
the Apex Planning Department.
A written metes and bounds of the subject property.
The neighborhood meeting notice, report, roster and a copy of the letter to the neighbors.
The applicable petition submittal fees.
An annexation petition must accompany the rezoning petition if any portion of the property to be rezoned
is located outside of the Town of Apex’s corporate limits or ETJ.
*Rezoning: Rezoning applications are only recommended for rezoning to Rural Residential (RR) or Residential
Agricultural (RA). Prior recommendation from the Planning Director is needed in any other case.
Rezoning & 2030 LUM Petition-Last Update Feb 2014
PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP & 2030 LAND USE MAP
AMENDMENT PROCESS INFORMATION
NEIGHBORHOOD MEETING: Neighborhood meetings are required per UDO Section 2.2.7 prior to
application submission. The applicant is required to notify property owners and any neighborhood
association that represents citizens within that area within 300 feet of the subject property via first
class mail a minimum of ten (10) days in advance of the neighborhood meeting. The applicant shall
use their own return address on the envelopes as the meeting is a private meeting between the
developer and the neighbors. The applicant shall submit the “Certified List of Property Owners”,
“Neighborhood Meeting Report”, and “Neighborhood Meeting Roster” forms included in this
application packet with their initial submittal.
REVIEW FOR SUFFICIENCY: Incomplete plans will be returned to the applicant and sufficiently complete
applications are forwarded to the planning staff for review.
REVIEW BY STAFF: Planning staff reviews the application to determine compliance with the Unified
Development Ordinance (UDO). If the application is determined not to be compliant with the UDO,
comments will be sent to the applicant. The applicant must address all staff comments before any
public hearings are scheduled.
PUBLIC HEARING NOTIFICATION: Notification of the public hearing will take place by three different
methods. A written notice will be sent to nearby property owners not more than 25 days nor less
than 14 days prior to the public hearings, as required by the UDO. The Planning Department will
prepare these written notifications for all property owners of the land subject to the application and
all property owners within 300 feet of the land subject to the application and any neighborhood
association that represents citizens in the area. A notice will be published on the Town of Apex
website (www.apexnc.org) no less than 10 days, but not more than 25 days prior to the public
hearings, and a notice will be posted at the land subject to the application at least 14 days prior to the
public hearings.
1ST PUBLIC HEARING/PLANNING BOARD MEETING: The Planning Board will consider the application, relevant
support materials, the Staff Report and public testimony given at the public hearing. After the public
hearing the Planning Board will make a recommendation to the Town Council. The Planning Board
may recommend approval, approval with conditions or denial. The application is then forwarded to
the Town Council. The Planning Board meets at 4:30 P.M. in the Town Hall Council Chambers on the
date indicated on the Rezoning Schedule-typically the second Monday of each month.
2ND PUBLIC HEARING/TOWN COUNCIL MEETING: The Town Council will consider the application, relevant
support materials, the Staff Report, the Planning Board recommendation and public testimony given
at the public hearing. After the public hearing the Town Council will vote to approve, approve with
conditions or deny the rezoning. The Town Council meets at 7:00 P.M. in the Town Council Chambers
on the date indicated on the Rezoning Schedule (typically the first or third Tuesday of each month).
Rezoning & 2030 LUM Petition -Last Update Dec 2014
AGENT AUTHORIZATION FORM
is the owner of the property for which the attached application
is being submitted:
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Land Use Plan Amendment
Rezoning
Site Plan
Subdivision
Variance
Other:
The property is located at:
The agent for this project is:
Name:
Address:
Telephone Number:
Fax Number:
E-Mail Address:
Signature(s) of Owner(s)
Type or print name
Type or print name
*Owner of record as shown on the latest equalized assessment rolls of Wake County. (An option to purchase
does not constitute ownership). If ownership has been recently transferred, a copy of the deed must
accompany this authorization.
Rezoning & 2030 LUM Petition -Last Update Dec 2014
PETITION INFORMATION
Page 1 of 9
Rezoning Fee:
2030 LUM Amendment:
Submittal Date:
Petition No.
PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP
Project Summary Information:
Applicant(s) or Authorized Agent(s):
Location(s):
PIN(s):
Acreage:
Current 2030 LUM Designation:
Requested 2030 LUM Designation:
Current Zoning:
Requested Zoning:
2030 Land Use Map AMENDMENT (if applicable)
The applicant does hereby respectfully request the Town Council to amend the 2030 Land Use Map of
the Town of Apex as hereinafter and in support of this request, the following facts are shown:
The area sought to be amended on the 2030 Land Use Map is located at:
Current 2030 Land Use Classification:
Proposed 2030 Land Use Classification:
What condition(s) justifies the passage of the amendment to the 2030 Land Use Map? (Discuss the
existing use classifications of the subject area in addition to the adjacent land use classifications).
Rezoning & 2030 LUM Petition -Last Update Dec 2014
PETITION INFORMATION-PROPOSED USES
Page 2 of 9
Petition No.
An application has been duly filed requesting that the property described in this application be rezoned from
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to
. It is understood and acknowledged that if the property is rezoned as requested,
the property described in this request will be perpetually bound to the use(s) authorized and subject to such
conditions as imposed, unless subsequently changed or amended as provided for in the Unified Development
Ordinance. It is further understood and acknowledged that final plans for any specific development to be made
pursuant to any such Conditional Zoning shall be submitted for site or subdivision plan approval.
The undersigned hereby request that the Town Council of the Town of Apex, pursuant to the Unified
Development Ordinance, approve the Conditional Zoning for the following use(s) subject to the following
condition(s):
Proposed Uses:
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Rezoning & 2030 LUM Petition -Last Update Dec 2014
PETITION INFORMATION-CONDITIONS & LEGISLATIVE CONSIDERATIONS
Page 3 of 9
Petition No.
Proposed Conditions:
LEGISLATIVE CONSIDERATIONS-CONDITIONAL ZONING
The applicant shall propose site-specific standards and conditions that take into account the following
considerations, which are considerations that are relevant to the legislative determination of whether or not the
proposed conditional zoning district rezoning request is in the public interest. These considerations do not
exclude the legislative consideration of any other factor that is relevant to the public interest.
1) Consistency with 2030 Land Use Map. The proposed Conditional Zoning (CZ) District use’s
appropriateness for its proposed location and consistency with the purposes, goals, objectives, and
policies of the 2030 Land Use Map.
2) Compatibility. The proposed Conditional Zoning (CZ) District use’s appropriateness for its proposed
location and compatibility with the character of surrounding land uses.
Rezoning & 2030 LUM Petition -Last Update Dec 2014
PETITION INFORMATION- LEGISLATIVE CONSIDERATIONS
Page 4 of 9
Petition No.
3) Zoning district supplemental standards. The proposed Conditional Zoning (CZ) District use’s
compliance with Sec 4.4, Supplemental Standards, if applicable.
4) Design minimizes adverse impact. The design of the proposed Conditional Zoning (CZ) District use’s
minimization of adverse effects, including visual impact of the proposed use on adjacent lands; and
avoidance of significant adverse impacts on surrounding lands regarding trash, traffic, service delivery,
parking and loading, odors, noise, glare, and vibration and not create a nuisance.
5) Design minimizes environmental impact. The proposed Conditional Zoning District use’s
minimization of environmental impacts and protection from significant deterioration of water and air
resources, wildlife habitat, scenic resources, and other natural resources.
6) Impact on public facilities. The proposed Conditional Zoning (CZ) District use’s avoidance of having
adverse impacts on public facilities and services, including roads, potable water and wastewater
facilities, parks, schools, police, fire and EMS facilities.
7) Health, safety, and welfare. The proposed Conditional Zoning (CZ) District use’s affect on the health,
safety, or welfare of the residents of the Town or its ETJ.
Rezoning & 2030 LUM Petition -Last Update Dec 2014
PETITION INFORMATION- LEGISLATIVE CONSIDERATIONS
Page 5 of 9
Petition No.
8) Detrimental to adjacent properties. Whether the proposed Conditional Zoning (CZ) District use is
substantially detrimental to adjacent properties.
9) Not constitute nuisance or hazard. Whether the proposed Conditional Zoning (CZ) District use
constitutes a nuisance or hazard due to traffic impact or noise, or because of the number of persons
who will be using the Conditional Zoning (CZ) District use.
10) Other relevant standards of this Ordinance. Whether the proposed Conditional Zoning (CZ) District
use complies with all standards imposed on it by all other applicable provisions of this Ordinance for
use, layout, and general development characteristics.
Rezoning & 2030 LUM Petition -Last Update Dec 2014
PETITION INFORMATION-MULTIPLE OWNERS SIGNATURE PAGE
Page 6 of 9
Petition No.
The owners of the property sought to be rezoned are:
1.
Print owner name(s) above
Signature of owner(s)
Print address of property to be rezoned above
PIN #
Print address of property to be rezoned
PIN #
Print address of property to be rezoned
PIN #
Print address of property to be rezoned
PIN #
Print address of property to be rezoned
PIN #
Date
2.
Print owner name(s)
Signature of owner(s)
Date
3.
Print owner name(s)
Signature of owner(s)
Date
4.
Print owner name(s)
Signature of owner(s)
Date
5.
Print owner name(s)
Signature of owner(s)
Date
Rezoning & 2030 LUM Petition -Last Update Dec 2014
CERTIFIED LIST OF PROPERTY OWNERS
Page 7 of 9
Petition No.
Certified list of property owners subject to this application and all property owners within 300’ of the subject
property and HOA Contacts.
Owner’s Name
PIN
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I, __________________________________, certify that this is an accurate listing of all property owners and
property owners within 300’ of the subject property, and HOA Contacts.
Date: _________________________
By:______________________________________
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Sworn and subscribed before me, _____________________________, a Notary Public for the above State and
County, this the ________day of _________________, 20____.
SEAL
Notary Public
Print Name
My Commission Expires:
Rezoning & 2030 LUM Petition -Last Update Dec 2014
NEIGHBORHOOD MEETING REPORT
Page 8 of 9
Petition No.
Per UDO Section 2.2.7, neighborhood meetings are required for all rezoning, conditional zoning and 2030 LUM
Amendment applications. The purpose of the neighborhood meeting is to educate neighbors about the
proposed development and application, to receive neighborhood comments, and to address concerns about
the development proposal. At least one neighborhood meeting shall be scheduled and held by the applicant or
applicant’s agent prior to submission of the initial application.
The neighborhood meeting shall comply with the following procedures:
 The neighborhood meeting shall be held at a place that is generally accessible to neighbors that reside
in close proximity to the land subject to the application.
 The applicant shall provide notification of the neighborhood meeting a minimum of ten (10) calendar
days in advance of the meeting by mail to:
o All landowners within three hundred (300) feet of the land subject to the application;
o Any HOA or neighborhood association that represents citizens within that area and
o The Town of Apex Planning and Community Development Department.
 At the neighborhood meeting, the applicant shall explain the development proposal and application,
answer any questions, respond to concerns neighbors have about the application and proposed
resolutions to these concerns.
Date of Mailing:
Other Methods of Contact:
I hereby attest that letters were mailed to the Certified List of Property Owners:
Printed Name:
Date of Meeting:
Signature:
Time of Meeting:
Location of Meeting:
Summary of issues:
Description of changes made by applicant as a result of the neighborhood meeting:
Attach additional sheets as needed.
Rezoning & 2030 LUM Petition-Last Update Feb 2014
NEIGHBORHOOD MEETING ROSTER
Page 9 of 9
Petition No.
ATTENDEES MUST SIGN IN
Date of Meeting: ________________________
NAME
PLEASE PRINT
ADDRESS
PLEASE PRINT
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I, __________________________________, certify that this is the original roster of attendees for the
neighborhood meeting subject to this application.
_________________________
Date
By:______________________________________
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Sworn and subscribed before me, _____________________________, a Notary Public for the above State and
County, this the ________day of _________________, 20____.
SEAL
Notary Public
Print Name
My Commission Expires:
Rezoning & 2030 LUM Petition -Last Update Dec 2014